THE EMOTIONAL COMPONENT OF THE DISCRETION OF LAW ENFORCEMENT OFFICERS (THE ROLE OF EMOTIONS IN MAKING DISCRETIONARY DECISIONS)

Abstract

Abstract. The proposed article examines the emotional component of the discretion of law enforcement entities when exercising their discretionary powers (making procedural decisions). This is primarily due to the fact that when studying the available literature on the topic, although a significant range of scientific works was identified on the role of emotions in judicial and law enforcement activities, no research was found on the emotional component of the discretion of law enforcement agents. At the same time, despite the traditional belief that when making a procedural decision, the subject of law enforcement should be emotionally neutral, the need for a sensitive attitude to the details of the case is now becoming increasingly obvious. In addition, it is possible that a discretionary decision is first made under the influence of emotions, and only then is implemented using appropriate tools for its adoption and motivation. In the process of this research, using psychological analysis, it was possible to identify the causes and mechanisms of human behavior, and ultimately find out that the emotional and psychological aspect affects not only law enforcement subjects, but also other participants in the process. The article paid special attention to empathy and emotional (professional) burnout syndrome. As a result of the research, the conclusion was formed that emotional factors can have both a positive and negative effect on the fairness of judgment. It is therefore summarized that when exercising discretionary powers, giving preference to any of these effects will always lead to logical contradictions, and therefore a combined approach based on weighing and optimization will be more rational. The article hypothesizes that this approach may well be developed in line with the latest research on the phenomenon of emotional intelligence, which boils down to the correlation of humanity (empathy) and rational control of the influence of emotions on the impartiality of decisions. The research is quite original and has significant practical significance, because it is impossible to understand a particular way of human behavior and thinking without studying their psychological foundations, in particular the emotional component.

Keywords: emotions; judgment; discretionary decisions; law enforcement entities.